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Fatwa CenterHajj on behalf of a sick father who never practiced Islam
Question
AlSalaam Alikum My father is ill but he never prayed or fasted and drank alcohol, i.e. was not a practicing Muslim. Is it still acceptable in Shariah to pay for someone to perform Hajj for him for he can't do it at all or because he wasn't practicing Islam it's not acceptable. jazakum Allah Khairan
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
First of all, you should know that being sick is not a sound reason for abandoning the prayer, as long as the sick person is conscious and can still reason as clarified in Fataawa 89504 and 84293. Besides, not every disease allows the patient to break the fast, as clarified in Fatwa 85226.
As regards the ruling on performing Hajj on behalf of your father, then if your father has completely abandoned the prayer –as understood from the question– then the permissibility of performing Hajj on his behalf depends on whether or not he is still considered a Muslim. According to one view, a person who completely abandons the prayer is a non-Muslim according to a view which is adopted by a group of scholars 
among whom is Ibn Taymiyyah 
and thus it is not permissible to perform Hajj on behalf of a non-Muslim.
However, if he sometimes performs the prayer and sometimes he does not but without him denying its obligation, then the most correct opinion is that he is a Muslim. According to the view that he is still a Muslim, and in our view we believe that this is the opinion which should be adopted in this circumstance, then this implies that it is permissible to perform Hajj on his behalf, and he may appoint someone to perform Hajj on his behalf if he has a chronical disease and he cannot not perform Hajj due to it. However, if it is expected that his disease will be cured, then he is not permitted to appoint someone to perform Hajj on his behalf.
In case someone else performs Hajj on his behalf without being appointed by him and he wants to intend the reward of Hajj for him, then this will benefit him according to the view of many jurists who are of the opinion that it is permissible to intend the reward of a deed for a Muslim whether he is alive or dead.
For more benefit on performing Hajj on behalf of someone else, please refer to Fatwa 83497, and to Fataawa 85264 and 81555 on the ruling on someone who abandons the prayer.
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